Schedule ‘A’ RFP NO. ES-2014-05 REQUEST FOR SERVICE PROVISION- SOLAR ENERGY CONSULTANT DUE: 12:00 NOON (Local Time) TUESDAY, DECEMBER 23, 2014 Deliver To: (and have delivery acknowledged) Grant Machan Director of Environmental Services 80 Gore Street East Perth, ON K7H 1H9 Tel: 613-267-3311 Ext. 2233 Fax: 613-267-5635 Website: www.perth.ca CORPORATION OF THE TOWN OF PERTH RFP NO. ES-2014-05 (REQUEST FOR SERVICE PROVISION – SOLAR ENERGY CONSULTANT) 1.0 – INFORMATION FOR BIDDERS 1.1 OVERVIEW The purpose of this Proposal call is to invite and receive submissions to receive industry support to the municipality for the sourcing of solar installation on municipal facilities and at municipal properties. The Town of Perth (“the Owner”) is interested in exploring municipal options for the solar electrical generation at various municipally-owned sites. The municipality is seeking qualified industry specialists to facilitate the selection of technology, partnerships, and financial options for the installation of solar generation technology. Further information regarding the scope of work is contained in Section Three of this document. 1.2 CLOSING DATE AND TIME REQUIREMENTS Sealed responses shall be received in a sealed envelope (five (5) copies required), clearly marked with the return address label (attached), will be received at the office of the Director of Environmental Services, 80 Gore Street East, Perth, Ontario, K7H 1H9 until: 12:00 NOON LOCAL TIME – TUESDAY, DECEMBER 23, 2014 • Late submissions will NOT be accepted and will be returned unopened to the Bidder. The Town of Perth’s clock determines the official closing time for this Tender. • Facsimile (fax) or e-mail responses will NOT be accepted. • The Town reserves the right to accept any response to this RFP which it deems to be in its own interest or to reject all responses. Responses that are incomplete, conditional or obscure or which contain additions not called for, erasures or alterations or irregularities of any kind may be rejected as informal. • Delivery of RFP by a courier service shall be the responsibility of the Bidder and will be rejected if the envelope/package is delivered to a location other than which is stated in the document and the envelope/package fails to be delivered to the Town prior to the closing date and time. • The RFP must be signed by the person authorized to sign on behalf of the Bidder and bind the Bidder to statements made in the response to this RFP. • Five (5) complete copies of the RFP Package must be submitted as part of the process. • The terms and conditions of this RFP offer shall remain firm and open for acceptance by the Town for a period of sixty (60) days. • The Bidder must agree to abide by all the clauses and conditions laid out in the Terms and Conditions of the RFP. • The Town accepts no liability for the costs and expenses incurred by the Bidder. Page 1 1.3 • The Town reserves the right to cancel the RFP call, to not accept any RFP at all, and/or re-issue the RFP in its original or revised form. • The Town reserves the right to cancel this RFP call and not accept any RFP at all if the costs exceed the budget amount. • The Town reserves the right to reject any RFP that fails to comply with the response requirements. Adherence to the response requirements is required to ensure an effective evaluation of all RFPs. • The lowest or any RFP will not necessarily be accepted. RESPONSE REQUIREMENTS The response to this RFP must be submitted in strict accordance with the requirements of this document and is to include the following: 1.3.1 Include a signed and completed Form of Bidders Approach to Project Form, as required in Section 4.1. 1.3.2 Include a signed and completed Form of Submission – Price Bid Form as required in Section 4.2. 1.3.3 Include a signed and witnessed Form of Submission - Declaration as required in Section 4.3. 1.3.4 Include a signed and completed Form of Submission – Bidder’s Qualifications as required in Section 4.4. NOTE: 1.4 1. Failure to include the response requirements listed above may result in your bid being disqualified. 2. The Bidders Checklist is attached for use (Appendix ‘A’). QUESTIONS / DISCREPANCIES • Bidders who find any discrepancies or omissions in this RFP, or who have any doubt as to the intent or meaning of anything contained therein, shall direct questions, in writing (by e-mail), to the following: • All questions/discrepancies identified must be sent to the Town at least five (5) business days prior to the proposal due date. • Copies of all questions and answers and any addenda will be sent to each Bidder no later than three (3) business days prior to the proposal due date. • To receive addenda you must register your intent to bid and contact information with the Director listed on the cover page. • Only formal written responses to properly submitted questions will be binding on the Town. • All responses by the Town (addenda) will form part of the RFP process. Page 2 RFP Terms and Conditions: Grant Machan Director of Environmental Services 613-267-3311 ext. 2233 [email protected] 1.5 SITE VISIT Bidders interested in viewing the proposed locations must contact Grant Machan to make an appointment. The site visit is optional and to be at the discretion of the Bidder. 1.6 ADDENDA Bidders may be advised by addenda, of required additions, deletions or alterations in the requirements of the RFP documents. All such changes shall become an integral part of the Tender documents and shall be allowed for in arriving at the total RFP price. Bidders shall insert and state on the Form of Submission – Price Bid Form, in the space provided, any addenda received by them during the RFP period. 1.7 RFP / PROJECT SCHEDULE The schedule for this RFP is as follows: Issue Date: Closing Date: RFP Approval: Project Start: Project Completion: December 04, 2014 December 23, 2014 January 20, 2015 February 1, 2015 April 30, 2015 1.8 COMMENCEMENT AND COMPLETION Bidders shall indicate, on the Form of Submission, the number of calendar days between commencement of the work and completion of the work. The intent is to have the successful Consultant commence the project immediately after approval. 1.9 PUBLIC OPENING All bids will be received and recorded at the Town of Perth, 80 Gore Street East, Perth, Ontario, on the same day and time as the closing date. All Bid submissions will be deemed to be public documents and subject to public information requests. The financial components of the RFP shall be submitted in a separate sealed envelope shall be opened following of the scoring of the nonfinancial components of the RFP. 1.10 BIDDER’S CHECKLIST To assist Bidders with completing a response to this RFP, a Bidder’s Checklist is included as Appendix ‘A’ of this RFP document. 1.11 REVIEW/EVALUTION Submissions received in response to the RFP will be evaluated based on the following criteria: 1. Proposed approach; 2. Experience and Qualifications; 3. Professional fees; 4. Overall impression of proposal. Page 3 Proposed Approached – The respondent will be evaluated based upon the proposed approach to the project, including work plan/timelines, and deliverables (Form 4.1). Experience and Qualifications – The respondent’s experience will be evaluated based upon its past history of successfully providing similar services. References may be contacted in order to verify satisfactory performance on similar projects (Form 4.4). 25% 35% 35% Professional fees (Form 4.2). Overall Impression – The overall quality and depth of the proposal. 5% The award of the RFP shall be based on best-value using the scoring system above. Upon selection of the best-value RFP, the Town may, if necessary, begin scope clarifications, draft contract revisions, and final price negotiations. Should the negotiations fail to result in an executed contract with the best-value Bidder, the Town of Perth may, in its sole discretion, elect to terminate negotiations with the best-value Bidder and begin negotiations with the second best-value Bidder (and so on) or cancel the procurement process. Prior to commencing any work, the successful respondent will be required to enter into a contract with the Town, the form of the contract as per Form 4.4. Price adjustments to reflect process and/or scope modifications may be negotiated after selection by the Town. Page 4 2.0 - GENERAL CONDITIONS The following section forms an integral part of this RFP and must be considered in completing a response to this RFP. The Bidder must agree to abide by all the clauses and conditions laid out in this RFP. 2.1 DEFINITIONS Wherever the words "Owner" or "Town" are used in these documents, it shall be understood that it means The Corporation of the Town of Perth. Wherever the words "satisfactory", "approved", "adequate", "suitable", or similar words or phrases are used in these documents, it shall be understood that they mean, unless the context provides otherwise, "satisfactory to the owner", "approved by the owner", "adequate to the Owner's satisfaction", "suitable to the Owner", etc. Whenever the words “Change Order” are used in this document, it shall be understood that it means a pre-approved change to the financial character of the contract. See Section 2.18 (b) of these documents for the “Change Order” process. Whenever the word "Bidder" is used it shall mean the individual, firm, company or corporation who has undertaken to carry out this Contract. Whenever the words “Successful Bidder”, “Successful Consultant” or “Consultant” are used it shall mean the individual, firm, company or corporation whom a contract is awarded against this offer. Whenever the word "Works" is used it shall mean the execution of the whole of the work and things required to be done, mentioned or referred to in the RFP, the General Conditions, the Scope of Work / Special Provisions, RFP and all other documents referred to or connected with the said RFP. Whenever the singular or masculine is used in this document, it should be considered as if the plural or feminine has been used where the context so requires. 2.2 WITHDRAWAL Submissions may be withdrawn at any time prior to the closing date and time at the Bidders discretion. Withdrawal notification must be in written form, signed, and must be submitted to the Town. No Facsimile, telephone calls or emails will be accepted. After the official closing date and time, all bids received shall be irrevocable. 2.3 AWARD OF CONTRACT The award of this contract will be subject to approval of funding by the Town of Perth and such approval to be finalized no later than sixty (60) days after the RFP closing. This condition is for the benefit of the Town of Perth only and may be waived by the Town at any time. In no event will the successful Consultant be permitted to alter or withdraw the bid during that time period. Should the required funding not be approved by Town, the Town reserves the right to reject all bids. The RFP will be awarded in whole. 2.4 CONSULTANT’S RESPONSIBILITY The successful Consultant will be held responsible for the care of the work and whatever pertains thereto from the commencement of the same to its final completion. The successful Consultant shall be responsible for all damage caused by their employees, their equipment or their supplies, to the Owner's property, equipment, buildings and building contents. The successful Consultant shall Page 5 employ such methods as necessary to avoid defacement or damage to the Owner's property. The successful Consultant shall be responsible for all injuries to persons caused by the Consultant’s staff, equipment or supplies. The successful Consultant shall indemnify and save harmless the Owner in accordance with Section 2.10 from all suits and actions as a result of injury or death to persons; damage to the property of the Owner or others; caused by the Consultant or their staff, resulting from any cause whatsoever deriving from the performance of their work. 2.5 QUALIFICATIONS AND COMPETENCY The Owner may call upon the Bidder to show evidence that satisfactory arrangements have been made for the procurement of any or all labour, materials and equipment required to carry out and complete the work. Materials and equipment shall be subject to Owner's approval. The Owner reserves the right to reject RFP from parties who are unwilling or unable to provide evidence that they are capable of providing the necessary labour, materials, equipment and adequate financing for the performance of the work and the provision of the services herein contemplated. Evidence of such competency and experience must be provided when requested by the Owner. 2.6 PROCUREMENT OF MATERIALS Unless otherwise specified herein, the Owner will give assistance in the procurement of materials or equipment necessary for carrying out and completing the work. Should the Owner supply certain equipment to enable the Consultant to perform the work; then such equipment must not be removed from the premises without the Owner's written authorization. 2.7 HEALTH AND SAFETY 2.7.1 The successful Bidder will be required to supply to the Town a valid Clearance Certificate issued by the WSIB, of if applicable, a letter from WSIB verifying Independent Operator’s Status. 2.8 INSURANCE 2.8.1 COMPREHENSIVE GENERAL The successful Bidder shall, at their expense, obtain and keep in force during the term of this Agreement, Comprehensive General Liability Insurance satisfactory to the Corporation, including the following: i) a limit of liability of not less than five million dollars ($5,000,000); ii) the Corporation shall be named as an additional insured; iii) the policy shall contain a provision for cross liability in respect of the named insured; iv) the policy shall contain a provision for contractual liability in respect of the named insured; Indemnity The Consultant agrees to fully indemnify and hold harmless the Town from and against all suits, judgments, claims, demands, expenses, actions, causes of action and losses of any kind and for any and all liability for damages to property and injury to persons (including death) which the Town may incur, sustain or suffer as a result of, arising out of or in any way related to the matters addressed in this Agreement, unless such losses are caused solely by the Town’s own negligence or misconduct. The obligation of the Consultant to indemnify the Town does not apply to any environmental claims arising from: i) any historical environmental condition existing prior to the commencement of the work by the Contactor. Page 6 2.8.2 AUTOMOBILE The successful Bidder shall obtain and keep in force for the duration of this contract, automobile insurance under a standard automobile policy with limits of not less than five million dollars ($5,000,000) in respect of each vehicle. 2.8.3 PROOF OF INSURANCE The successful Bidder shall provide, together with its executed agreement, a certificate(s) of insurance or certified copy(ies) of the above referred to policies, satisfactory to the Corporation, together with proof of renewal at least ten (10) days prior to expiry. Provided that if a certificate is provided, all requirements as above set forth must be shown on the said certificate and notwithstanding the provision of any certificate, the Town may require that the Consultant provide a certified copy of the policy. 2.9 ASSIGNMENTS AND SUBCONSULTANTS The successful Bidder shall not assign, transfer or sublet this contract or any part thereof without the written consent of the Town. This contract and everything therein contained shall be binding upon the parties hereto, their respective successors and assigns. If the services proposed by the Consultant include the use of subcontractors they must be identified. The Consultant will assume full responsibility for any services provided by any sub-consultants. Bidders shall indicate and state on the Form of Submission – Price Bid Form all sub-consultants doing work on this project. 2.10 INTERPRETATION Should a dispute arise regarding the meaning or intent of the contract documents, the decision of the Owner shall be final. The Owner will be represented by the Chief Administrative Officer (CAO) of the Town of Perth. 2.11 VERBAL ARRANGEMENT In all cases of misunderstandings and disputes, verbal arrangements will not be considered. The successful Bidder must produce written authority in support of their contentions, and shall advance no claim in the absence of such written authority, or use, or attempt to use, any conversation with any parties against the Corporation, or in prosecuting any claim against the Corporation. 2.12 DOCUMENT REQUIREMENTS AT TIME OF CONTRACT EXECUTION General Subject to an award of the RFP, the successful Bidder is required to submit the following documentation in a form satisfactory to the Town for execution within five (5) working days and no later than ten (10) working days after being notified to do so: a) Insurance documents listing all coverages and amounts as indicated. b) Workplace Safety and Insurance Board (WSIB) Clearance Certificate. Notwithstanding the above, the Town shall retain any other right that it may have in law to claim for any and all damages that it may suffer as a result of the successful Bidder’s breach of the provisions set forth in the contract, save and except the text in Section 2.10. 2.13 AGREEMENT Should the Bidder’s RFP be acceptable to the Owner then the Bidder shall enter into an agreement with the Owner. The form of Agreement shall be the sample Agreement as attached in this RFP document, as Appendix ‘B’. 2.14 SUBMITTED PRICING AND TAXES All prices submitted shall be FIRM for the described project and shall include, without limitation, all required labour, materials, tools, supplies, equipment and other services as described herein and Page 7 elsewhere in this document. The quoted prices must clearly show the Harmonized Sales Tax (HST) as a separate item. The price shown on the Form of Submission – Price Bid Form must be a fixed amount. If termination takes place prior to the completion of the work, the successful Bidder’s performance security will be used to assist the Town against any loss that may be incurred as per the RFP. All costs incurred by the Bidder in carrying out research, investigation or otherwise as may be necessary for the preparation of a response to this bid, shall be bourne by the Bidder and will not be chargeable in any way to the Town of Perth. 2.15 PAYMENTS A) Payments will be made on a monthly basis, with invoices from the Consultant indicating total contract value, amount paid to date, amount due, and amount left owing. The Owner reserves the right to withhold any payment in the event of non-performance. The Owner will give reasonable notice in writing prior to taking such action unless the defective work or non-performance prejudices the safety of the project. The Consultant is to indemnify and save harmless the Town from all construction liens and related costs and shall promptly remove all registered claims from title. B) Mandatory Changes to the Contract • All mandatory changes to the contract shall be done in advance, by means of a “Change Order” to the contract. • The “Change Order” shall detail both the technical changes to the project specifications, with the unit price of each change. • The Director must sign all change orders and the Consultant must sign acceptance of said document, complete with date and “Change Order” number. • Any “Change Order” or combination of “Change Orders” exceeding 5% of the total project budget must be approved by the Director of Corporate Services of the Town of Perth, or his/her designate. 2.16 APPROVALS AND PERMITS All operations connected therewith are subject to the approval, inspection, by-laws and regulations of all municipal, provincial, federal and authorities having jurisdiction in respect to any matter embraced in this contract. Unless specifically stated in the RFP documents, the Consultant shall obtain and pay the fees for all approvals and permits required for or in respect of the project. 2.17 RESTORATION The Consultant shall be responsible for the reinstatement and repair of all disturbed and damaged areas as a result of the work performed. 2.18 FAILURE TO PERFORM If the successful Consultant fails to provide the services within the time specified, the Town reserves the right to cancel the contract and obtain services from alternate sources. Any extra costs as a result of this action are to be bourne by the Consultant who defaulted in providing the services. The bid deposit of the successful Consultant who fails to enter into a contract shall be forfeited. The Owner may claim damages as appropriate where there was no bid deposit and the successful Consultant fails to provide the required security, fails to enter into a contract or fails to perform this contract. Page 8 2.19 OWNER’S INSPECTION AND SUPERVISION The Town will be the sole judge of the adequacy and completeness of the Consultant’s work as spelled out by these contract documents. The Consultant shall remedy any defects in workmanship to the satisfaction of the Town. 2.20 INCREASE OR DECREASE OF WORK The Town reserves the right to vary the amount of work outlined by these documents. No variations from the work that may result in a change to the amount of the contract will be proceeded with until the Consultant, in writing, has obtained proper approval from the Town. 2.21 DISQUALIFICATION OF BIDDER A Bidder offering products/services to the Town of Perth certifies that it has not communicated directly or indirectly their bid to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Town of Perth believes that collusion exists among the Bidders. Bids in which the prices are obviously unbalanced may be rejected. 2.22 INCOMPLETE SUBMISSION Responses to this RFP, which do not, in the sole opinion of the Town of Perth, adequately address all the requirements listed in this RFP, may result in a request for clarification to the Bidder or be rejected outright, at the discretion of the Town of Perth. 2.23 FREEDOM OF INFORMATION Any personal information collected by or on behalf of the Town of Perth under this RFP is subject to the Municipal Freedom of Information and Protection of Privacy Act. The information provided to the Town of Perth may be used to confirm certain information provided in the RFP for this project. The person submitting this RFP consents to such collection and use of the information. The person submitting this RFP acknowledges the RFP is a public document and that the information contained in the RFP may become public and consents to the release of that information. By responding to this RFP, respondents waive any challenge to the Town’s decision in this regard. Any questions regarding the collection, use, or disclosure of the information should be directed to the Clerk of the Town of Perth. 2.24 TERMINATION Either the Owner or the Consultant may terminate the contract for breach of contract by either party on thirty (30) days notice in writing to the other party. The Town of Perth may terminate the contract if the successful Consultant does not fulfill any part of the terms and conditions or requirements of this RFP. In case the Consultant defaults or delays in executing the work satisfactorily, the Owner may give notice to the Consultant in writing that the Consultant has made such default. Should the Consultant fail to remedy satisfactorily such defaults without delay, or should the Consultant become insolvent or abandon the work or otherwise fail to observe the provisions of the contract then and in any part of such cases, the Owner may immediately take the work or portions thereof out of the Consultant's hands and employ person or persons such as he may see fit to complete the work so taken over. In any case, the Consultant shall be chargeable with and remains liable for all loss or damage, which may be suffered by the Owner by reason of such default. Page 9 3.0 – SCOPE OF WORK & SPECIAL PROVISIONS 3.1 OVERVIEW Bidders therefore shall have: 1. A proven record in good standing with government and non-government agencies for the selection solar generating infrastructure, 2. Thorough knowledge of funding resources, 3. Proven record of securing partnerships with municipalities, 4. A technical knowledge of selection of roof-top and ground-mount solar technology, 5. A local knowledge of the challenges and opportunities for the installation of solar technology in eastern Ontario, 6. Strong skills in financial modelling for the selection of technology and partnerships for municipal partners over the lifespan of solar technology. 7. Strong understanding of the Provincial FIT programs and its requirements to ensure the Town of Perth has the best possible chance of getting approval for a solar project. Proponents shall evaluate potential sites stated in Table 1 and submit Proposals for locations for which they wish to proceed with a FIT application and installation. The proposed work shall be: 1. Determine the practical economics of a solar installation 2. Determine if other Town facilities that may work for the solar installation 3. Perform a cursory review of the facility roofs to ensure capacity. A summary of findings shall be included in the final report 4. Confirm that proposed systems meet or exceed all the latest OPA FIT Program requirements, as applicable 5. Provide the Town with the most beneficial solar generating options, 6. Prioritize facilities for phasing of solar technology installations, 7. Assess the overall feasibility to harness solar energy from the municipal buildings The proposed locations for rooftop solar PV arrays shall include the buildings and areas shown below in Table 1. Table 1: Proposed Facility Locations ROOF AREA (SQ.FT) 8,470 FACILITY NAME ADDRESS BUILDING TYPE Perth and District Indoor Pool Perth Water Treatment Plant Perth Public Works Garage Perth Fire Department 80 Wilson St W Indoor Pool 15 Sunset Blvd Water Treatment Plant Garage / Shop 4,341 Flat 9,675 Low Slope Fire Station 21,472 Flat Perth Arena Perth Landfill Site Darou Farm Perth Lagoon Facility 15 Sunset Blvd 1881 Rogers Rd. Arena 666 Wildlife Rd 2845 Rideau Ferry Rd 390 Wildlife Rd Page 10 ROOF TYPE Flat 23,460 Low Slope Ground Mounting Ground Mounting Ground Mounting 3.2 TOWN REPRESENTATIVE The Town’s Construction Representative for this project is: Grant Machan Director of Environmental Services 613-267-3311 ext. 2233 3.3 SCHEDULE OF MEETINGS After the Agreement has been awarded, a meeting schedule will be arranged between the Consultant and the Town Representative to determine schedules and job progress. The Town representatives will be conducting meetings as appropriate with the Consultant throughout all phases of the work. 3.4 UNDERGROUND SERVICE LOCATES It will be the responsibility of the successful Consultant to request all underground service locates. Any damage that occurs to the property of these utilities, caused by neglect of the successful Consultant, shall be the Consultant’s responsibility. 3.5 RESTORATION The Consultant shall restore all disturbed areas to an equivalent or better condition than existed prior to the commencement of the contract. Costs of all restoration shall be included in the unit price for the main work. Page 11 4.0 – RFP FORMS Page 12 4.1 – FORM OF BIDDERS – APPROACH TO PROJECT 1. The Consultant shall state the “Approach to Project” in point form to ensure that the Project Bid is in compliance with the “Scope of Work”, as detailed in Section 3.0. A separate overview package limited to ten (10) pages may be included in the submission however this summary must be completed and signed. 2. This page shall be signed/dated by the Consultant. Signature:__________________________ Date:______________________________ Page 13 4.2 – FORM OF RFP – PRICE BID FORM I, the undersigned, have carefully read and examined the entire set of RFP documents and have examined the locations of the work to be done under this contract. I, for the prices set forth in this RFP, hereby offer to furnish all labour, supplies, and other means of consultation to complete the work described and specified at the following prices: Section 3.0 Scope of Work Price Breakdown DESCRIPTION PRICE Initial Meeting with Town $ Review and Assessment of Facilities $ Preparation of Financial Opportunities $ Preparation of Installation Plan of Solar Technologies by Site $ Identification of Funding Partners $ Preparation of Final Report $ Presentation of Findings to Municipal Council $ SUBTOTAL $ H.S.T $ TOTAL $ *Additional: Hourly Rate for Additional Items beyond Scope of Project $ Furthermore, I recognize that this page shall be included with the overall Submission Package in a separate sealed envelope Signed: __________________________ Dated: __________________________ Quote Deadline: TUESDAY, DECEMBER 23, 2014 AT 12:00 NOON Staff Contact: Grant Machan Town of Perth 80 Gore Street East Perth, ON K7H 1H9 Page 14 4.2 – FORM OF SUBMISSION – PRICE BID FORM (CONTINUED) The following is a list of personnel who will actively supervise the work if we are awarded the Contract, with a record of each person’s experience, knowledge and ability. It is understood that the Work will be directed by the listed personnel and that no change can be made without the prior written approval of the City. NAME/TITLE QUALIFICATIONS/EXPERIENCE Page 15 4.2 – FORM OF SUBMISSION – PRICE BID FORM (CONTINUED) SUB-CONSULTANTS: (If none, indicate NIL) The bidder shall list the names of all sub-Consultants to be used in the execution of this work: Sub-Consultant Company Name of Sub-Consultant and Contact Name Address of Sub-Consultant and Phone Number I agree that all costs as detailed in this submission document are included in the total bid price. I will complete all work as per the contract within ninety (90) calendar days of commencement. I have received and allowed for Addenda number in preparing my submission. (Insert #’s or “NONE”) ____________________________ Company Name ____________________________________________ Signature ____________________________ Print Name ____________________________________________ Title ____________________________________ Street Address ___________________________ Municipality _____________ Postal Code _____________________________________ Telephone No. ___________________________ Fax No. _______________ Date Page 16 4.3 – FORM OF SUBMISSION – DECLARATION (TO BE SIGNED AND SUBMITTED WITH SUBMISSION PACKAGE) THIS RFP IS SUBMITTED BY: ________________________ TO THE CORPORATION OF THE TOWN OF PERTH 1. I, ______________________ of ________________________ DECLARE that no person, firm or corporation other than the one whose signature or the signature of whose proper officers and the seal is or are attached below has any interest in this RFP or in the contract proposed to be taken. 2. I FURTHER DECLARE that this bid is made without any connection knowledge, comparison of figures or arrangement with any other company, firm or person making a bid for the same project and is in all respects fair and without collusion or fraud. 3. I FURTHER DECLARE that no, Employee of the Town, Elected Officials, other than the person(s) shown on the Form of Submission, is or will become interested directly or indirectly as a contracting part or otherwise in the performance of the contract or in the supplies, work or business to which it relates or in any portion of the profits thereof, or in any such supplies to be used therein or in any of the monies to be derived therefrom. 4. I FURTHER DECLARE that the several matters stated in the said submission are in all respects true. 5. I FURTHER DECLARE that I have carefully examined the RFP, Information for Bidders, General Conditions, the Scope of Work/Special Provisions, the Form of Submission, and hereby acknowledge the same to be part and parcel of any contract to be let for the project therein described or defined and do all the work and to provide the services, materials and equipment of the project mentioned for the prices stated on the Form of Submission – Price Bid Form. 6. I FURTHER DECLARE that I have a clear understanding of all the work involved in this contract. 7. I FURTHER DECLARE that this offer is to continue open to acceptance until the formal contract is executed by the successful Bidder for the said project OR for a period of sixty (60) days after the closing date, whichever first occurs and that the Municipality may, at any time, within that period, without notice, accept this submission whether any other bid has been previously accepted. 8. I FURTHER DECLARE that the awarding of the contract based on this RFP by the Municipality shall be an acceptance of this bid. 9. I FURTHER DECLARE that in the event of default or failure on our part, that the Town shall be at liberty to advertise for new RFP, or to carry out the works in any other way they deem best, and I also agree to pay to the said Town the difference between this RFP and any greater sum which the said Town may expend or incur by reason of such default or failure or by reason of such action as aforesaid, on their part, including the cost of any advertisement for new RFP; and to indemnify and save harmless the said Town and their officers from all loss, damage, cost charges and expenses which they may suffer or be put to by reason of any such default or failure on our part. (COMPANY NAME) (ADDRESS) _________________________/__________________________ (SIGNATURE) (PRINT NAME) __________________________________________________ (TITLE) ______ _________________________________________________ (WITNESS) _______ (POSTAL CODE) __________________________________________________ (DATED) Page 17 4.4 – FORM OF SUBMISSION – BIDDER’S RESUME Name of Bidder's Company: ___________________________ How many years experience in subject industry? _______________ List below the three largest and most recent contracts which are similar: COMPANY NAME CONTACT PHONE NO. YEAR This summary has been submitted by: _______________________________________________ (NAME) _______________________________________________ (SIGNATURE) _________________________________________________ (TITLE) Note: The Consultant may provide additional information relevant to their experience and past projects. Page 18 APPENDIX ‘A’ BIDDER’S CHECKLIST This checklist is provided for the convenience of the Bidder to ensure that all required documents have been completed and enclosed in the RFP envelope. Please initial the items required and return with your submission. Ten (10) page overview of the Bidder’s approach to the project. A Separate, Sealed, and Signed Form of Submission – Price Bid Form All Addenda acknowledged on the Form of Submission – Price Bid Form Signed and witnessed Form of Submission – Declaration Signed and completed Form of Submission – Bidder’s Resume Site Inspection by Bidder (Optional) Future Requirements (Post Project Award) Workplace Safety and Insurance Board (WSIB) Clearance Certificate (required prior to execution of contract Insurance Certificate (required prior to execution of contract). Contract execution. Page 19 Return Address Label FROM: (Please affix this page to the front of your sealed envelope.) ________________________ ________________________ ________________________ Contact: ________________________ DELIVER TO: The Corporation of The Town of Perth Attn: GRANT MACHAN 80 Gore Street East Perth, ON K7H 1H9 RFP - SEALED BID Receiving Staff Use ONLY RFP Number: ES-2014-05 Description: REQUEST FOR SERVICE PROVISION- SOLAR ENERGY CONSULTANT Closing Date: TUESDAY, DECEMBER 23, 2014 @ 12:00 noon (local time) Date & Time Received: Late submission will NOT be accepted – NO EXCEPTIONS! Staff Initial: _______ Appendix ‘B’ CORPORATION OF THE TOWN OF PERTH AGREEMENT This Agreement made in duplicate/triplicate/quadruplicate this ___ day of ____. BETWEEN: The Corporation of the Town of Perth (Hereinafter referred to as “the Town”) OF THE FIRST PART AND: (Consultant’s Name) (Hereinafter referred to as “the Consultant”) OF THE SECOND PART WHEREAS authority is given under the Municipal Act for the Council of the Town of Perth to engage in contracts for the purpose of providing services; AND WHEREAS the Council of the Corporation of the Town of Perth is desirous of engaging (Consultant name) to undertake (Type of Services); NOW THEREFORE the Town and the Consultant hereby agree to the following terms and conditions: 1. The Consultant will provide the services and undertake the work as set out in the Form of Submission Document No.___for the project (attached hereto as Schedule ‘A’) and as described in the proposal submitted by the Consultant and dated (date) (attached hereto as Schedule ‘B’), all documents forming part of this Agreement. 2. The Consultant represents and warrants that the performance of this Agreement will not conflict with any other contract to which it is bound and, while performing this Agreement it will not engage in any contracting services or employment or enter into any agreement in conflict with this Contract. The Consultant agrees to disclose potential conflicts of interest that may arise during the term of this Contract. 3. The Consultant shall not assign or sublet the whole or any part of this Contract without the prior written consent of the Town, unless the use of subConsultants is expressly stated in the proposal submitted by the Consultant and accepted by the Town. 4. The Consultant acknowledges that while performing the services under this Contract, that it is not an employee of the Town of Perth, and as such shall be responsible for the payment of all expenses required by law, including, but not necessarily limited to, Employment Insurance premiums, Income Tax, Canada Pension Plan contributions, etc., failing which the Consultant shall reimburse the Town for any expenses it may have to pay as a result of the Consultant neglecting to do so. 5. The Town agrees to pay the Consultant the fees and associated disbursements for the provision of (service provided) to an upset limit of $x, exclusive of HST. Any additional expenditures or disbursements shall not be incurred without the prior expressed written approval of the Town. This additional approval will be done by means of the “Change Order” process, as per Section 2.18 B) of the RFP Document (Schedule ‘A’). 6. The Consultant will invoice the Town for work that has been completed at key intervals as set out in Section 2.18 (Payments) of the RFP Document (Schedule ‘A’). Such invoices shall include a detailed description of the tasks included therein, in conformity with the approved work plan, and shall contain a list of the disbursements and applicable taxes. The Town hereby agrees to pay the invoices in a timely fashion. 7. In the event of any dispute with respect to the payment of the invoices which cannot otherwise be resolved between the Consultant and the Town, the Consultant and the Town hereby agree to submit the matter to an impartial arbitrator under the Arbitrations Act, whose decision shall be final and binding. In the event that a matter is referred to an arbiter under this Article, the parties agree to equally share the cost of the arbiter and any related expenses. 8. The Consultant will cooperate with the Town’s auditor with respect to any financial matters involving business between the Consultant and the Town. 9. The Consultant shall, at all times during the term of this Agreement, maintain not less as per Section 2.10 of the RFP Document (Schedule ‘A’) with the Town as a named insured. A copy of the insurance policy shall be filed with the Town upon the commencement of the Agreement and the Town shall be advised immediately of any change in status in the insurance coverage required pursuant to this Article. 10. All information collected by the Consultant in the performance of the services described herein shall be considered to be the property of the Town and shall be surrendered to the Town immediately upon request for same. It is understood that in the collection of any information, that the Consultant will have proper regard for the Municipal Freedom of Information and Protection of Privacy Act, and that the disclosure of any information collected will be pursuant to the requirements of the legislation as embodied in the procedures set out by the Town, and as per Section 3.0 of the RFP Document (Schedule ‘A’). 11. This Agreement shall be effective from the date of its signing thereof and the terms of this Agreement shall remain in force and effect until the project is completed, unless otherwise amended in writing and agreed to by both the Town and the Consultant. 12. This Agreement shall be subject to the applicable laws of Canada and Ontario. 13. Both the Workplace Safety and Insurance Board (WSIB) Clearance Certificate and proof of Insurance shall be provided to the Town prior to the signing of the Agreement. THE CORPORATION OF THE TOWN OF PERTH _____________________________________ John Fenik, Mayor ______________________________________ Lauren Walton, Clerk CONSULTANT ______________________________________ “I/We have the authority to bind the Corporation”
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